H 4582 Session 110 (1993-1994)
H 4582 General Bill, By J.T. McElveen
A Bill to amend the 1976 Code by adding Article 9 to Chapter 15 of Title 7, so
as to provide for early voting by personal appearance and by mail.
01/20/94 House Introduced and read first time HJ-4
01/20/94 House Referred to Committee on Judiciary HJ-4
A BILL
TO AMEND THE 1976 CODE BY ADDING ARTICLE 9 TO
CHAPTER 15 OF TITLE 7, SO AS TO PROVIDE FOR EARLY
VOTING BY PERSONAL APPEARANCE AND BY MAIL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 15, Title 7 of the 1976 Code is amended by
adding:
"Article 9
Early Voting
Section 7-15-610. (A) Any qualified elector is eligible to vote early
by personal appearance. To be entitled to vote early, a person must
make an application in person at the county board of registration at the
time when the applicant desires to vote. The office of the county board
of registration is also the early voting precinct for the county. No other
early voting precinct is allowed.
(B) An application must be in writing in the form prescribed by the
State Election Commission and signed and attested to by the applicant
and a witness. The application must include the person's name and
address at which he is registered to vote.
(C) The period for early voting by personal appearance begins on the
twentieth day before election day and continues through the fourth day
before election day. For a special runoff election, the period begins on
the tenth day before the election. If the date prescribed for beginning the
period is a Saturday, Sunday, or legal state holiday, the period begins on
the next regular business day. If because of the date for which an
election is ordered, it is not possible to begin early voting by personal
appearance on the prescribed date, the early voting period begins on the
earliest date practicable after the prescribed date as set by the authority
ordering the election.
(D) Early voting by personal appearance must be conducted on the
weekdays of the early voting period and during the hours that the county
board of registration is regularly open for business and on Saturday
during hours established by the State Election Commission. The clerk
of the county board of registration shall follow the procedure for
accepting an absentee ballot under this chapter with the modifications
necessary for the conduct of early voting.
(E) Notice of the time and place for early voting must be published
in a newspaper of general circulation in the county.
(F) The State Election Commission shall promulgate regulations for
the conduct of early voting.
Section 7-15-620. (A) Subject to the provisions of subsection (B),
a qualified voter is eligible for early voting by mail if the voter expects
to be absent from the county of the voter's residence on election day and
during the regular hours for conducting early voting polling place for
that part of the period for early voting by personal appearance remaining
after the voter's early voting ballot application is submitted to the county
board of registration.
(B) If a voter's early voting ballot application is submitted on or after
the first day of the period for early voting provided in Section
7-15-610(C) by personal appearance, the voter is ineligible for early
voting by mail unless the voter is absent from the county when the
application is submitted and satisfies the requirements prescribed by
subsection (A).
Section 6-15-630. (A) A qualified voter is eligible for early voting
by mail if the voter has a sickness or physical condition that prevents the
voter from appearing at the polling place on election day without a
likelihood of needing personal assistance or of injuring his health.
(B) Expected or likely confinement for childbirth on election day is
sufficient cause to entitle a voter to vote under the provisions of
subsection (A).
Section 7-15-640. A qualified voter is eligible for early voting by
mail if the voter is sixty-five years of age or older on election day.
Section 7-15-650. A qualified voter is eligible for early voting by
mail if the voter is forbidden by religious conviction to vote during all
or part of the time the polls are open on election day.
Section 7-15-660. (A) A qualified voter is eligible for early voting
by mail if, at the time the voter's early voting ballot application is
submitted, the voter is confined in jail.
(1) serving a misdemeanor for a term that ends on or after election
day;
(2) pending trial after denial of bail;
(3) without bail pending an appeal of a felony conviction; or
(4) pending trial or appeal on a bailable offense for which release
on bail before election day is unlikely.
(B) A voter confined in jail who is eligible for early voting is not
entitled to vote by personal appearance unless the authority in charge of
the jail, in his discretion, permits the voter to do so."
SECTION 2. This act takes effect upon approval by the Governor.
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